Tag Archives: Federal Circuit

Prometheus v. Mayo and Classen v. Biogen Sent Back to Federal Circuit

  Not unexpectedly, today the Supreme Court granted cert. in Prometheus v. Mayo, (09-490) vacated, and remanded to the Fed. Cir. for reconsideration in view of Bilski v. Kappos, decided yesterday. While this clears the Court’s collective desk, I don’t … Continue reading

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CANCELLATION OF WARF STEM CELL CLAIMS: THE “DR. HYDE” SIDE OF KSR

Recently, in a notably unremarked decision, the Board reversed the Examiner, effectively canceling all of the claims to pluripotent human embryonic stem cells (ES) in Thomson (U.S. Pat. No. 7029913): The Foundation for Taxpayer & Consumer Rights v. Patent of Wisconsin Alumni … Continue reading

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Therasense To Be Re-Heard En Banc – “I Feel Your Pain”

Monday’s decision by the Federal Circuit to vacate the split panel decision in Therasense, Inc. v. Becton Dickinson & Co., 593 F.3d 1289 (Fed. Cir. 2010) (link at end of post) and rehear the case en banc makes it impossible for … Continue reading

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Patenting Genes – The Conversation Myriad Needs To Start

I watched “60 Minutes” last night, during which Kevin Noonan got about 30 seconds to justify “patenting genes” and the Myriad BRAC1-2 assays. He did as well as could be done, speaking about the good the patent system does in … Continue reading

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